After months of procratistination, charges are being formalised in the Deelchand Case. For a long time, while there was no move and not much communication from the Director of public prosecutions (DPP)’s office concerning provisional charges, it was thought that maybe the allegations made by Antoine Chetty, notary Vinay Deelchand’s former driver, were not being taken seriously. That theory was proved wrong last week.

Rumours that lawyer MP Dev Hurnam was to be formally charged by the police were rife a few days before the police procedure actually took place. Last Tuesday, barrister Hurnam was duly summoned to Line Barracks and the formal charges were read to him. They are two counts of giving instructions to murder a police officer and for aggravated assault on the Senior Puisne Judge Bernard Sik Yuen. Despite this development, Hurnam insisted that his summons was simply procedure and not a formal charge as such; experienced barristers begged to differ.

<B>Some 20 witnesses will be heard</B>

Matters were further confirmed last Wednesday when the DPP ordered the opening of a preliminary inquiry before magistrate Raj Seebaluck of the Port Louis District Court. The inquiry is due to start on 8th November and should last a good few months. Some 20 witnesses will be heard and the aim of this judicial procedure is to ensure that the case that would be sent for trial before a higher court is not frivolous. The magistrate will have to decide in the light of evidence whether Dev Hurnam has a case to answer. It is believed. Considering the seriousness of the charges, the DPP may decide to refer the case to the Assises Court, the only court that can give maximum sentence. The conviction for “giving instructions to commit murder” carries the same sentence as a guilty verdict for murder, i.e. 45 years with remission.

<B>10 to 12 years’ imprisonment</B>

Repentant suspect Antoine Chetty will also be formally charged for possession of 825 grams of heroine and for offering dangerous drugs for sale to a police constable. The move by the DPP is expected anytime now. Antoine Chetty is presumed to plead guilty on both counts and should expect a sentence of 10 to 12 years’ imprisonment.

In the meantime, negotiations between Chetty’s lawyers and the authorities about their client’s immunity, are said to be going well. Samad Goolamaully explained that Chetty did not expect to be granted immunity on his drug offences but rather concerning the revelations he is about to make to the police. Immunity as such does not exist in Mauritian legislation but the DPP can decide whom to prosecute and on what count. Antoine Chetty has promised to enlighten the police about a few mysterious murders.

On the other hand, notary Deelchand’s lawyers have decided to leave no stone unturned to have their client released on bail; they have appealed to the Privy Council against judge Paul Lam Shang Leen’s decision to reject the Habeas Corpus motion in favour of their client. They claim that his detention is unconstitutional since Section 5 of the constitution guarantees every citizen a prompt trial.